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Pursuing charges in civil court...

The chart below represents the process of pursuing sexual violence charges in Civil Court. This figure shows each step at it's simplest form. If you choose to pursue charges in this arena, make sure you feel comfortable with your representation and that you ask as many questions as you need to feel prepared. Women Services also offers legal advocacy and can be present with you during your case. This is STILL ABOUT YOU. 

Please Note:

  • Civil court requires a "preponderance of evidence"

    • Jury must find that certain events were more likely happened than did not happen​**

  • The victim controls essential decisions shaping the case, including whether to sue, accept a settlement offer, or go to trial.

Complaint is filed with the court

Consider filing a PFA (Protection From Abuse Order) - especially helpful for small campuses like Allegheny

* Not a guaranteed part of every civil proceeding

Summons:

  • Delivered to defendant by law enforcement

  • Financial cost: $50-$200

Motion to Dismiss*:

  • Filed by defendant with one of the following arguments:

    • No legal case​

    • Claimed a harm the  court can not remedy

Answer:

Counterclaim:

  • Defendant files suit against you with a claim of harm

    • Example: Defamation of Character​

  • Defendant claims a defense

    • Example: Consensual Sex

Special Defenses:

Discovery:

Both sides gather evidence and information

Deposition*:

  • Attorney's interview opposing parties under oath

  • If you are deposed, the perpetrator has a right to be present

  • Recorded by a court reporter; compiled into a transcript

  • Must swear to tell the truth - similar to being under oath

  • Occasionally videotaped

Interrogatories*:

  • Written questions that the witness or party must answer under oath in writing

  • Typically paired with depositions

  • Less expensive, more time consuming

Independent Psychiatric Evaluation*:

  • Defendant's attorney may request an examination by an independent psychiatrist/physician to evaluate the harm you claim

  • Must submit to test, BUT you can have attorney present

Subpoena's*:

  • Defendant and plaintiff may use subpoena's

  • Request of documents for inspection

    • Example of records that can be requested:​

      • Medical​

      • Psychiatric

      • Employment History

      • Educational Records

      • Personal Writings

Motion for Summary Judgment*:

  • No facts in dispute; case can be decided by looking to the applicable law

  • Court would decide before trial

Settlement:

  • Agreement is reached between parties attorney's

  • Settlement's can occur up until the court makes a final judgement

  • Agreement may provide monetary compensation for damages

  • Defendant can insist on a private settlement..

    • Prevents you from revealing facts of the case, identity of perpetrator, or the settlement amount​

Trial:

  • Arguments, evidence, witnesses, etc. are presented to judge and jury

    • Any person can be called as a witness.​

  • Judgement:

    • Verdict from a jury**​

Damage Award and Recovery:

  • Specific to each case

  • Discuss claiming damages with your attorney​

  • If you win your case, the perpetrator is responsible for all legal fee's 

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